Determining Whether Corporate Counsel Attends Depositions

In cases where individual attorneys or law firms act as general counsel for a given business or corporation, there may be some questions about who should be included in various related court depositions that involve this company. It can be tough for general counsel to find the time for every single deposition given all the matters they attend to, and there are situations where avoiding corporate counsel the deposition will be a prudent move.

At Phoenix Deposition Services, we’re happy to provide not only court reporting and video deposition services for all such needs, but also general themes and expertise in this area. Let’s look at some of the factors to consider in terms of whether or not to bring corporate counsel into a deposition, plus how video depositions make this process far simpler if you do choose to go this route.

Case Importance

The single biggest factor that will help determine whether corporate counsel should attend a given deposition is the importance of the case and the deposition in question. If the scheduled hearing is for a relatively minor area of a low-profile case that can be handled by another party, it’s often not necessary for general counsel to attend, as their time may be better served on the numerous other matters they deal with daily.

In other cases, ensuring general counsel attends is absolutely vital. This may be due to the importance of a specific witness, or could relate to showcasing the importance of the case and how seriously it’s being taken by the firm.

“Bet the Company” Litigation

In some more recent years, the legal field has seen a sharp uptick in the frequency of what are known as “bet-the-company” forms of litigation. These are cases that have extremely high stakes, the kind that could ruin a company if the judgement does not come out in their favor, generally related to confidential or proprietary materials or themes.

Because so few cases go to trial, even bet-the-company cases, the deposition phase is incredibly important for their outcomes. If the company you represent is involved in such lawsuits, general counsel should be present for any related depositions.

How Video Depositions Help

If corporate counsel determines the need to attend a given deposition, video depositions are often a great benefit in these situations. They allow for remote depositions that keep counsel from needing to travel to a specific location for the deposition, making scheduling far simpler and serving exactly the same purposes as in-person depositions within the case. Involving this technology will both save time and also improve case outcomes.

For more on involving general counsel in a deposition, plus how video depositions are beneficial here, speak to the staff at Phoenix Deposition Services today.